ID for Pistol/Revolver License?

[Sean]

Hello all...

My wife and I applied for her pistol/revolver license through our local police department.  When we returned to pick it up the clerk asked her for her ID.  As far as I am aware there is no requirement within the RSAs that you must produce your photo ID to pickup you license.  We promptly refused and left but we are not sure where to go from here.

Am I correct?  Is there some case law that we are not aware of that would indicate the ID would me mandatory?

Thank You

Sean

[sandm000]

I was under the impression the charge for a pistol/revolver license was $10 and a photocopy of your DL.
My license says "in accordance with Chapter 159"
Check there to start?

[sandm000]

RSA 159:6 II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.


My bad. No Photo required. If they denied, get them to write a letter as to why they are denying you a license (as per 159:6 part I - The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. )

Good luck!

[Sean]

sandm000,

Thank you for your advice and from what I can see everything you said is correct.  The issue is, I don't believe she has been denied so they aren't providing her with a letter of denial.  Instead, the clerk would not turn over the permit unless she provides her ID.  Unless their refusal to provide the permit could be considered a denial. 

Cheers

RSA 159:6
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6.htm

[WhatsInaName]

Even if the application itself likely violates the law., my suggestion is to either have fun documenting all of this on video, sue if needed and so on or, suck it up and show an ID.  An ID was likely asked for to make sure that the license was given to the correct person.  Maybe just ask the PD to mail it to the address provided instead if your wife doesn't have an ID.

[Jay]

I agree with Keith.

[Steve]

One of the reasons given to Derrick J when he was denied was that he didn't transfer his drivers licence from PA to NH.  However you have 60 days to transfer your license to NH if its out of state. 

Refusing to show ID to pickup your CCW is kinda silly, because you're already jumping through their hoops by getting the permit, so you might as well jump through the hoops correctly.  I know there are some people who have done things such as only putting the bare minimum information on the application (and not put stuff like references down (which is silly because they don't contact them anyway))  However, getting denied for a CCW can really become a PITA down the line, because almost every state CCW application asks if you have ever been denied for a CCW in any other state.  Either play their game correctly, or don't play their game at all.  Because if you play around in their system too much, it might come back to bite you.

[Steve]

If you don't have a license or ID to show, then explain that to them, if they still deny it based on that, go to district court and talk to the clerk there and they will schedule a hearing.

[Steve]

Alot of PD's are doing some questionable things too.  In Keene, if you pick up one of the applications they left out for people to take, they have been illegally altered to ask more questions.  So if you go to apply, print out your own. http://www.nh.gov/safety/divisions/nhsp/documents/dssp85.pdf

[MaineShark]

I'd suggest telling them that you want their refusal in writing.  Folks who are willing to play games, are often far less willing to put it in writing.

In any case, bring a video camera, so you'll at least have it on record, if they refuse to put it in writing.  Make sure to get ask clerk's full name, so s/he can be served with a lawsuit.  And make sure that you tell the clerk that you need all of this in writing so that you can file suit in superior court, for violation of RSA159:6-e, and maybe make mention of the fact that 156:9-f provides for the court to require the individual employee responsible for a violation to personally pay court fees (that is, it does not just fall to the department's insurance; if the clerk is responsible, the clerk has to personally cough up the dough).

http://www.gencourt.state.nh.us/rsa/html/XII/159/159-mrg.htm

[KBCraig]

And make sure that you tell the clerk that you need all of this in writing so that you can file suit in superior court, for violation of RSA159:6-e, and maybe make mention of the fact that 156:9-f provides for the court to require the individual employee responsible for a violation to personally pay court fees (that is, it does not just fall to the department's insurance; if the clerk is responsible, the clerk has to personally cough up the dough).

http://www.gencourt.state.nh.us/rsa/html/XII/159/159-mrg.htm

While the very notion of a license is repugnant, the NH license is the least objectionable in the country, and what MaineShark cited is the most beautiful part of the licensing process.

In every other state, if the issuing authority fails to act, you're screwed. Some states, like Virginia, allow you to file suit to force issuance after a certain time period, but none allow you to collect your legal fees from the personal account of the person who either denied or failed to issue your license.

NH rocks!

[Steve]

even if NH had "Constitutional Carry" I'd still recommend getting a license.  There are a huge number of advantages for doing so.  Like reciprocity with 23 other states.

[Jay]

even if NH had "Constitutional Carry" I'd still recommend getting a license.  There are a huge number of advantages for doing so.  Like reciprocity with 23 other states.

It's good to have just to be able to have a loaded gun in your vehicle in NH. It's retarded, but it's legal to open carry...but not in a car!

[MaineShark]

even if NH had "Constitutional Carry" I'd still recommend getting a license.  There are a huge number of advantages for doing so.  Like reciprocity with 23 other states.

It's good to have just to be able to have a loaded gun in your vehicle in NH. It's retarded, but it's legal to open carry...but not in a car!

If NH had "Constitutional Carry," that would no longer apply.

[Jay]

even if NH had "Constitutional Carry" I'd still recommend getting a license.  There are a huge number of advantages for doing so.  Like reciprocity with 23 other states.

It's good to have just to be able to have a loaded gun in your vehicle in NH. It's retarded, but it's legal to open carry...but not in a car!

If NH had "Constitutional Carry," that would no longer apply.

OK, but...right now...yeah.